Anil Kumar Arora Alias Anil Arora vs Leather World India Limited & Anr

This appeal has been preferred by Mr. Anil Kumar Arora alias Anil Arora, who claims to be the 'Operational Creditor' against the order 21st January, 2019. According to the appellant he is a tenant, which is the third party proprietary, and, therefore, he moved before the 'Resolution Professional' to decide the same. The grievance of the appellant is that the 'Resolution Professional' has not decided such issue nor the Adjudicating Authority has decided the issue as raised by the appellant in the main order dated 29th January, 2019.

Mr. Abhishek Pratap Singh, learned counsel appears on behalf of the 'Liquidator' and submits that as per order dated 29th January, 2019 the company has been ordered to be liquidated and therefore, in terms of the 'Insolvency and Bankruptcy Code, 2016' (for short, 'the I&B Code') the appellant has been directed to file fresh claims before the 'Liquidator'.

For the reason aforesaid, we are not inclined to intervene with the impugned order and we are of the view that the tenant has no right to make any claim as third party proprietor in terms of the 'I&B Code' though he is given liberty to take appropriate remedy before the court of competent jurisdiction, which may decide the same after the period of completion of moratorium.

The appeal stands disposed of with the aforesaid observations.